Case law
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941 F. Supp. 2d 722 · District Court, N.D. Texas · Sep 25, 2012
Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The clearly established requirement “does not mean that officials’ conduct is protected by qualified immunity unless the very action in question has previously been held unlawful.” Cantrell v.
Cited 1 timesPublishedDistrict Court, N.D. Texas · Oct 21, 2020
Catre, 77 F.3d 116, 120 (5th Cir. 1996) (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”). … Should Brooks elect to file an amended complaint and Rule 7(a) reply that is “tailored” to the officers’ assertions of qualified immunity, such filings are due no later than 020), published decisions can clearly establish
Cited 0 timesUnknownDistrict Court, N.D. Texas · Sep 30, 2022
The qualified-immunity analysis requires that a right be “clearly established.” See id. … violated clearly established law.”
Cited 0 timesUnknownHamilton v. The City of Wilmer Texas
District Court, N.D. Texas · Aug 1, 2023
A plaintiff seeking to overcome qualified immunity must plead facts: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Brown v.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Sep 24, 2024
“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … And, if evidence did, Thompson has not carried his burden as to qualified immunity’s clearly established prong to the extent that he relies on “Cole v.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jul 6, 2020
Adherence to the Fifth Circuit’s qualified immunity analysis in Pratt, as well as the Supreme Court’s frequent exhortation “not to define clearly established law at a high level of generality,” means that Gutierrez does … Because there is no clearly established law holding unconstitutional restraints analogous to the Defendants’ restraint of Timpa, the Court holds that qualified immunity bars the excessive force claims against the Defendants
Cited 0 timesUnknownDistrict Court, N.D. Texas · Aug 12, 2022
violated clearly established law.” … Plaintiffs Failed to Prove a Violation of Their Clearly Established Rights Qualified immunity applies if a reasonable officer could have believed the disputed act was lawful in light of clearly established law and
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 1, 2021
No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 18, 2021
No. 284—is needed to establish that Blankenship is not entitled to qualified immunity. … Jan. 18, 2021) (Under the clearly-established prong, “‘the dispositive question is whether the violative nature of particular conduct is clearly established.’
Cited 0 timesUnknownTomlinson v. Dallas Area Rapid Transit
District Court, N.D. Texas · Apr 19, 2021
In doing so, Lindsay and Sorrells asserted qualified immunity as an affirmative defense. See Dkt. No. 17 at 8; Dkt. No. 19 at 7- 8. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jan 4, 2022
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 24, 2022
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 1, 2021
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 1, 2021
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownHenriquez v. Farmers Branch Texas
District Court, N.D. Texas · Dec 8, 2021
The established procedure under which courts must address qualified immunity, once asserted, therefore “prevents a defendant entitled to immunity from being compelled to bear the costs of discovery and other pre-trial … to qualified immunity.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Sep 24, 2024
To defeat qualified immunity, a plaintiff must show: “(1) that the official violated a statutory or constitutional right; and (2) that the right was ‘clearly established’ at the time of the challenged conduct … “If the defendant’s actions violated a clearly established constitutional right” courts examine “whether qualified immunity is still appropriate because the defendant’s actions were objectively reasonable in light
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jan 8, 2021
Nonetheless, because Irwin has not demonstrated that they violated clearly established law, the Court grants summary judgment to the Defendant–Officers based on qualified immunity.4 1. … The Defendant–Officers did not violate clearly established law.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jun 27, 2023
After the issue of qualified immunity is ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. (See Dkt. Nos. 32, 33, 34.) … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to
Cited 0 timesUnknownDistrict Court, N.D. Texas · Mar 24, 2022
Motions on Qualified Immunity Second, the remaining defendants who have already appeared? … See Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain
Cited 0 timesUnknownDistrict Court, N.D. Texas · Oct 15, 2021
Where a defendant has asserted a qualified-immunity defense, the Court may, under certain circumstances, permit limited discovery that is narrowly tailored to uncover facts that the Court needs to rule on the qualified-immunity … See Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain
Cited 0 timesUnknown
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